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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9137 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9137

To safeguard the rights of workers and protect children by responsibly 
          increasing civil monetary penalties and other means.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2024

  Mr. Scott of Virginia (for himself, Mr. Norcross, Mrs. Dingell, Mr. 
Horsford, Mr. Pocan, Ms. Adams, Ms. Norton, Mr. McGarvey, Ms. Bonamici, 
    Mr. Casar, Ms. Wild, Mr. Thanedar, Ms. Omar, and Mrs. Ramirez) 
 introduced the following bill; which was referred to the Committee on 
   Education and the Workforce, and in addition to the Committees on 
Oversight and Accountability, and House Administration, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
To safeguard the rights of workers and protect children by responsibly 
          increasing civil monetary penalties and other means.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Labor Enforcement to Securely 
Protect Workers Act'' or the ``LET'S Protect Workers Act''.

SEC. 2. IMPROVED PROTECTION FOR WORKERS AND CHILDREN THROUGH MEANINGFUL 
              CIVIL PENALTIES.

    (a) Child Labor.--Section 16(e)(1)(A) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 216(e)(1)(A)) is amended to read as follows:
    ``(A) Any person who violates the provisions of sections 12 or 
13(c), relating to child labor, or any regulation issued pursuant to 
such sections, shall be subject to a civil penalty as follows:
            ``(i) Not more than $150,000, but not less than $1,500, for 
        each employee who was the subject of such a violation.
            ``(ii) Not more than $700,000, but not less than $7,000, 
        with regard to each such violation that causes the death or 
        serious injury of any employee under the age of 18 years, which 
        penalty may be doubled where the violation is a repeated or 
        willful violation.''.
    (b) Wage and Hour Protections.--Section 16(e) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 216(e)), as amended by subsection (a), 
is further amended--
            (1) in paragraph (2)--
                    (A) in the first sentence--
                            (i) by striking ``repeatedly or 
                        willfully''; and
                            (ii) by striking ``not to exceed $1,100 for 
                        each such violation'' and inserting ``not to 
                        exceed, for each such violation, $25,000 or, if 
                        such a violation is a repeated or willful 
                        violation, $50,000''; and
                    (B) in the second sentence, by striking ``not to 
                exceed $1,100 for each such violation'' and inserting 
                ``not to exceed, for each such violation, $25,000 or, 
                if such a violation is a repeated or willful violation, 
                $50,000'';
            (2) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively; and
            (3) by inserting after paragraph (2), as so amended, the 
        following new paragraph:
    ``(3) Any person who violates section 11(c) shall be subject to a 
civil penalty not to exceed $2,500 for each such violation.''.
    (c) Workers' Health and Safety.--Section 17 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 666) is amended--
            (1) in subsection (a)--
                    (A) by striking ``$70,000'' and inserting 
                ``$800,000''; and
                    (B) by striking ``$5,000'' and inserting 
                ``$60,000'';
            (2) in subsection (b), by striking ``7,000'' and inserting 
        ``$80,000'';
            (3) in subsection (c), by striking ``$7,000'' and inserting 
        ``$40,000'';
            (4) in subsection (d), by striking ``$7,000'' and inserting 
        ``$80,000''; and
            (5) in subsection (i), by striking ``$7,000'' and inserting 
        ``$40,000''.
    (d) Farmworker Protections.--Section 503(a)(1) of the Migrant and 
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1853(a)(1)) is 
amended by striking ``$1,000'' and inserting ``$30,000''.
    (e) Mine Safety and Black Lung Benefits.--
            (1) Increased civil penalties during pattern of violations 
        status.--Section 110(b) of the Federal Mine Safety and Health 
        Act of 1977 (30 U.S.C. 820(b)) is amended by adding at the end 
        the following:
    ``(3) Notwithstanding any other provision of this Act, in the case 
of an operator who has been given written notice of a pattern of 
violations in accordance with paragraph (1) of section 104(e), such 
operator, for any violation of any provision of this Act occurring 
during the period beginning on the date that such notice was issued and 
ending on the date such pattern of violation is deemed to be terminated 
in accordance with paragraph (3) of section 104(e), shall be assessed a 
civil penalty by the Secretary equal to the lesser of--
            ``(A) twice the amount that would, in the absence of this 
        paragraph, be assessed by the Secretary for such violation; or
            ``(B) the maximum amount that may be assessed for such 
        violation.''.
            (2) Ensuring payment of penalties.--
                    (A) Amendments.--Section 110 of the Federal Mine 
                Safety and Health Act of 1977 (30 U.S.C. 820) is 
                further amended--
                            (i) by redesignating subsection (l) as 
                        subsection (m); and
                            (ii) by inserting after subsection (k) the 
                        following:
    ``(l) Ensuring Payment of Penalties.--
            ``(1) Delinquent payment letter.--If the operator of a coal 
        or other mine fails to pay any civil penalty assessment that 
        has become a final order of the Commission or a court, not 
        later than 45 days after such assessment becomes such a final 
        order, the Secretary shall send the operator a letter advising 
        the operator--
                    ``(A) of the consequences under this subsection of 
                such failure to pay; and
                    ``(B) of the opportunity to enter into or modify a 
                payment plan with the Secretary based upon a 
                demonstrated inability to pay, including--
                            ``(i) the procedure for entering into such 
                        plan; and
                            ``(ii) the consequences of not entering 
                        into or not complying with such plan.
            ``(2) Withdrawal orders following failure to pay.--
                    ``(A) In general.--If an operator that receives a 
                letter under paragraph (1) with respect to an 
                assessment, has not, by the date that is 180 days after 
                such assessment became a final order, paid the 
                assessment or entered into a payment plan described in 
                paragraph (1)(B), the Secretary shall issue a 
                withdrawal order until the operator pays such 
                assessment in full (including interest and 
                administrative costs) or enters into such a payment 
                plan.
                    ``(B) Subsequent withdrawal order.--If such 
                operator enters into a payment plan with the Secretary 
                on or after the date on which the Secretary issues a 
                withdrawal order and at any time fails to comply with 
                the terms specified in such payment plan, the Secretary 
                shall reissue such withdrawal order until the operator 
                rectifies the noncompliance with the payment plan in 
                the manner specified in such payment plan.
                    ``(C) Withdrawal order defined.--In this paragraph, 
                the term `withdrawal order' means an order requiring an 
                operator to cause all persons, except those referred to 
                in section 104(c), to be withdrawn from, and to be 
                prohibited from entering, the mine that is covered by 
                the final order described in paragraph (1) with respect 
                to such operator.''.
                    (B) Applicability of amendments.--
                            (i) In general.--The amendments made by 
                        subparagraph (A) shall apply to all unpaid 
                        civil penalty assessments under the Federal 
                        Mine Safety and Health Act of 1977 (30 U.S.C. 
                        801 et seq.) that become a final order of the 
                        Federal Mine Safety and Health Review 
                        Commission or a court on or after the date of 
                        enactment of this Act.
                            (ii) Prior final orders.--In the case of 
                        any unpaid civil penalty assessment that became 
                        such a final order before the date of enactment 
                        of this Act, the date on which such assessment 
                        became a final order shall be deemed to be the 
                        date of enactment of this Act.
            (3) Civil penalty for retaliation.--Section 110(a) of the 
        Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820(a)) 
        is further amended--
                    (A) by redesignating paragraph (4) as paragraph 
                (5); and
                    (B) by inserting after paragraph (3) the following:
    ``(4) If any person violates section 105(c), the Secretary shall 
propose, and the Commission shall assess, during any 3-year period, a 
civil penalty of not less than $10,000 or more than $100,000 for the 
first occurrence of such violation by such person, and not less than 
$20,000 or more than $200,000 for any subsequent violation by such 
person.''.
            (4) Black lung benefits penalties.--Section 423(d)(1) 
        Federal Mine Safety and Health Act of 1977 (30 U.S.C. 
        933(d)(1)) is amended by striking ``$1,000'' and inserting 
        ``$50,000 but not less than $5,000''.
    (f) Family and Medical Leave.--
            (1) Interference with rights and proceedings.--Section 
        107(b) of the Family and Medical Leave Act of 1993 (29 U.S.C. 
        2617(b)) is amended by adding at the end the following new 
        paragraph:
            ``(4) Civil penalty.--In addition to any sums recovered by 
        the Secretary pursuant to paragraph (2), any employer that 
        violates section 105 may be assessed a civil money penalty not 
        to exceed $25,000 for each separate offense.''.
            (2) Notice.--Section 109(b) of the Family and Medical Leave 
        Act of 1993 (29 U.S.C. 2619(b)) is amended by striking ``$100'' 
        and inserting ``$2,500''.
            (3) Recordkeeping.--Section 106(b) of the Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2616(b)) is amended by 
        adding ``Any employer that violates this subsection may be 
        assessed a civil monetary penalty not to exceed $2,500 for each 
        separate offense.'' at the end.

SEC. 3. ENFORCEMENT OF CERTAIN REQUIREMENTS FOR EMPLOYEE HEALTH PLANS.

    (a) Parity in Mental Health and Substance Use Disorders.--
            (1) In general.--Section 502(c)(10)(A) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 
        1132(c)(10)(A)) is amended--
                    (A) by striking ``any plan sponsor of a group 
                health plan'' and inserting ``any plan sponsor or plan 
                administrator of a group health plan, service 
                provider,''; and
                    (B) by striking ``for any failure'' and all that 
                follows and inserting ``for any failure, or 
                participation in such failure, by such sponsor, 
                administrator, service provider, or issuer to meet, in 
                connection with the plan, the requirements of--
                            ``(i) subsection (a)(1)(F), (b)(3), (c), or 
                        (d) of section 702 or section 701 or 702(b)(1) 
                        with respect to genetic information; or
                            ``(ii) subsection (a) of section 712 with 
                        respect to parity in mental health and 
                        substance use disorder benefits.''.
            (2) Conforming amendment.--Section 502(c)(10) of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1132(c)(10)(A)) is further amended by striking ``use of genetic 
        information'' in the heading and inserting ``use of genetic 
        information and parity in mental health and substance use 
        disorder benefits''.
    (b) Exception to the General Prohibition on Enforcement.--
            (1) Civil action.--Section 502(a)(6) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1132(a)(6)) 
        is amended to read as follows:
            ``(6) by the Secretary to collect any civil penalty that 
        the Secretary has imposed or assessed pursuant to authority 
        under this title;''.
            (2) Enforcement in relation to group health plans.--Section 
        502(b)(3) of the Employee Retirement Income Security Act of 
        1974 (29 U.S.C. 1132(b)(3)) is amended by striking ``Except'' 
        and all that follows through ``the Secretary'' and inserting 
        ``Except as provided in subsections (c)(9), (c)(10), and (a)(6) 
        (with respect to collecting civil penalties under subsections 
        (c)(9) and (c)(10)), and except with respect to enforcement by 
        the Secretary of section 712, the Secretary''.

SEC. 4. IMPROVING WORKPLACE DEMOCRACY THROUGH CIVIL MONETARY PENALTIES.

    Section 12 of the National Labor Relations Act (29 U.S.C. 162) is 
amended--
            (1) by striking ``Sec. 12. Any person'' and inserting the 
        following:

``SEC. 12. PENALTIES.

    ``(a) Violations for Interference With Board.--Any person''; and
            (2) by adding at the end the following:
    ``(b) Civil Penalties for Unfair Labor Practices.--Any employer who 
commits an unfair labor practice within the meaning of section 8(a) 
shall be subject to a civil penalty in an amount not to exceed $50,000 
for each such violation, except that, with respect to such an unfair 
labor practice within the meaning of paragraph (3) or (4) of section 
8(a) or such a violation of section 8(a) that results in the discharge 
of an employee or other serious economic harm to an employee, the Board 
shall double the amount of such penalty, to an amount not to exceed 
$100,000, in any case where the employer has within the preceding 5 
years committed another such violation of such paragraph (3) or (4) or 
such violation of section 8(a) that results in such discharge or other 
serious economic harm. A civil penalty under this paragraph shall be in 
addition to any other remedy ordered by the Board. Sums collected as 
civil penalties pursuant to this section shall be deposited in the 
general fund of the Treasury.
    ``(c) Considerations.--In determining the amount of any civil 
penalty under this section, the Board shall consider--
            ``(1) the gravity of the actions of the employer resulting 
        in the penalty, including the impact of such actions on the 
        charging party or on other persons seeking to exercise rights 
        guaranteed by this Act;
            ``(2) the size of the employer;
            ``(3) the history of any previous unfair labor practices or 
        other actions by the employer resulting in a penalty; and
            ``(4) the public interest.
    ``(d) Director and Officer Liability.--If the Board determines, 
based on the particular facts and circumstances presented, that a 
director or officer's personal liability is warranted, a civil penalty 
for a unfair labor practice described in this section may also be 
assessed against any director or officer of the employer who directed 
or committed the unfair labor practice, had established a policy that 
led to such an unfair labor practice, or had actual or constructive 
knowledge of and the authority to prevent the unfair labor practice and 
failed to prevent the unfair labor practice.''.

SEC. 5. SECURING WORKERS' RIGHTS THROUGH RESPONSIBLE RECORDKEEPING AND 
              NOTICE TO EMPLOYEES.

    (a) Workplace Health and Safety.--Section 9(c) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 658(c)) is amended by adding 
at the end the following: ``In the case of a violation that relates to 
making, keeping, or preserving a record, such violation continues to 
occur until the earlier of (1) the date on which an employer complies 
with the requirement, rule, standard, order, or regulation that was 
violated with respect to making, keeping, or preserving such record; or 
(2) the date on which the requirement to keep and preserve such record 
expires.''.
    (b) Wage, Hour, and Family and Medical Leave Protections.--Section 
11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is 
amended by inserting before the last sentence the following: ``For 
purposes of enforcement of this subsection under section 16(e)(3), a 
violation of a requirement to make, keep, or preserve a record 
continues to occur until the earlier of (1) the date on which an 
employer has complied with the regulation or order that was violated 
with respect to such record, or (2) the date on which the requirement 
to keep and preserve such record expires.''
    (c) Rulemaking.--Not later than one year after the date of 
enactment of this Act, the Secretary of Labor shall promulgate or amend 
such regulations as are necessary to implement the amendments made by 
this section.
    (d) Authorization.--Subsection (c) shall be considered a specific 
authorization by Congress in accordance with section 801(b)(2) of title 
5, United States Code, with respect to the issuance of a new 
recordkeeping rule pursuant to the Occupational Safety and Health Act 
of 1970.

SEC. 6. EFFECTIVE DATES; APPLICATION.

    (a) Sections 2, 3, and 4.--Except as as provided in section 
2(e)(2)(B), the amendments made by sections 2, 3, and 4 of this Act 
shall take effect on January 1, 2025, and shall apply with respect to 
violations that occur on or after January 1, 2025.
    (b) Section 5.--The amendments made by section 5 of this Act shall 
take effect on the date of enactment of this Act, and shall apply with 
respect to violations that occur on or after the date of enactment of 
this Act.
                                 <all>
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